FOLA has long believed that a sustainable, appropriately and adequately funded legal aid system is critical to the efficient, effective and just functioning of Ontario's justice system.
Ontario has one of the best legal aid systems in the world, but it is far from perfect and FOLA is actively involved in a number of initiatives to make the system better for both low-income clients who use the system and the lawyers who utilize funding from Legal Aid.
CALL FOR COMMENT – SHORT-TERM PRO BONO LEGAL SERVICES RULES
The Law Society is seeking input on proposed amendments to the lawyers’ Rules of Professional Conduct, which extend the modified conflict of interest standard in the short-term pro bono legal services rules to Legal Aid Ontario lawyers, who provide short-term pro bono legal services.
The Law Society is also seeking input on whether the short-term pro bono legal services rules should be expanded to include other not-for-profit service providers. Currently, only lawyers who provide services through a Pro Bono Ontario program are exempt from performing conflict of interest searches when providing pro bono services.
There are three ways to provide comment by May 31, 2019 and information can be found here.
FOLA has an active Legal Aid Committee, currently chaired by FOLA executive member Terry Brandon, and is involved with the Alliance for Sustainable Legal Aid (ASLA) which has been the primary vehicle for interested legal organizations to lobby for more funds to service more of the population.
In the April 2019 Ontario Budget, Legal Aid funding cut nearly 30% ($133 million). It was also announced that the organization could no longer use provincial funds for refugee and immigration cases.
FOLA is working aggressively with all ASLA members to ensure that these cuts do not impact front line services. Together, we have written formal letters requesting meetings with the Attorney General of Ontario (one letter regarding the cuts in general and one letter regarding the cuts to refugee funding), the federal Minister of Justice, and the Chair of Legal Aid Ontario. Updates will be forthcoming.
The members of ASLA are:
Legal Aid Deficit
In December 2016, FOLA and other stakeholders learned that Legal Aid Ontario was facing a $26 million deficit as a result of higher than anticipated up-take on the expanded services first introduced in 2015. FOLA responded to this news in which we expressed our concern with this development and with the potential impact it might have to clients and to the certificate-bar system in Ontario.
The Attorney General also commissioned a review of Legal Aid to determine if there were steps to take to avoid the same problems in the future. The results of this review can be found at this link.
Looking forward, FOLA will continue to work with Legal Aid Ontario and other stakeholders to strive for an adequately funded legal aid system that maintains the private bar at the centre of the legal aid system. This means we will continue to work through ASLA and undertake our own advocacy efforts.
The relationship between the Private Bar and Legal Aid Ontario
The relationship between the private bar and Legal Aid Ontario has, over time, been a fractious one, but FOLA has attempted to take constructive steps to improve this relationship and to ensure the avenue of communication is always open between LAO and the bar. At nearly every Plenary meeting, LAO participates in panel discussions; FOLA regularly provides updates on LAO activities to its members; and, if problems arise, FOLA engages with senior executives of LAO to address issues and find solutions.
If members of the private bar encounter specific problems or issues with LAO, they are encouraged to contact Katie Robinette, Executive Director (email@example.com) directly so the issues can be dealt with quickly.
FOLA also strives to invite LAO representatives to its bi-annual plenary meetings as often as possible to facilitate an ongoing dialogue between LAO and the practicing bar. found here.
Clients can now quickly and conveniently complete the following essential tasks online, in either French or English.
New legal aid recipients will be informed of the client portal when making their application.
Existing clients can register by calling LAO's client services centre at 1‑800‑668‑8258 to obtain a PIN and user instructions.
Please contact LAO's client service centre at 1‑800‑668‑8258 (416‑598‑8867 in Toronto) if you have any questions or if any of your clients experience technical difficulties using this new service.
Here are some handy links from Legal Aid Ontario (LAO).